DMCA Policy
Last updated: November 3, 2026
GWINS Gear respects the intellectual property rights of others and expects users of our Services to do the same. This DMCA Policy explains how to submit a notice of alleged copyright infringement and how we respond under the Digital Millennium Copyright Act (17 U.S.C. § 512).
1. Notice of Alleged Infringement
If you believe that content on our Services infringes your copyright, send a written notice to our designated agent (see Section 4) that includes all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed (if multiple works, a representative list).
- Identification of the material claimed to be infringing, with enough detail to allow us to locate it (specific URL preferred).
- Your contact information: name, mailing address, telephone number, and email.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
2. Our Response
Upon receipt of a valid DMCA notice, we will take the actions we reasonably determine to be appropriate, which may include removing or disabling access to the challenged material and notifying the user who uploaded it. In appropriate circumstances, we may terminate the accounts of repeat infringers.
3. Counter-Notice
If you believe that your content was removed in error or misidentification, you may submit a counter-notice containing all of the following:
- Your physical or electronic signature.
- Identification of the material that was removed and the location where it previously appeared.
- A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, mailing address, telephone number, and email.
- A statement that you consent to the jurisdiction of the US federal district court for the judicial district where your address is located (or, if your address is outside the United States, for any judicial district in which GWINS Gear may be found), and that you will accept service of process from the person who provided the original notice.
We may forward a valid counter-notice to the party who sent the original notice. If that party does not file an action seeking a court order against the user within 10–14 business days, we may restore the removed material.
4. Designated Agent
Send all DMCA notices and counter-notices to:
DMCA Agent — GWINS Gear
Email: waldojmartinez@gmail.com
Only properly submitted DMCA notices are processed through this channel. General complaints should go to waldojmartinez@gmail.com.
5. Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be liable for damages. Do not submit a notice unless you are the copyright owner or legally authorized to act on behalf of the owner.
6. Trademark and Other Complaints
For non-copyright intellectual property complaints (such as trademark infringement), email waldojmartinez@gmail.com with a description of the claimed violation, the specific URL, and your contact information.